Brian King

The appellant appealed the Director's decision to issue a Permit to Take Water (PTTW) to the permit holder for dewatering a limestone quarry.

The appellant argued the supporting documentation was inadequate, the terms did not safeguard public interests, and the permit holder had a history of non-compliance.

The Environmental Review Tribunal allowed the appeal in part, finding that while recent structural geology investigations and monitoring data adequately addressed hydrogeological uncertainties, the PTTW required amendments.

The Tribunal ordered reductions in the permitted water taking volume, enhanced groundwater monitoring, the implementation of water conservation measures, and the addition of specific triggers and compliance mechanisms to the contingency plan.

The Permit Holder brought a motion to amend an earlier Tribunal order that partially lifted an automatic stay on a Permit to Take Water for a quarry.

The Permit Holder sought to extend the dewatering period from 10 to 30 days, citing a larger than expected volume of accumulated spring melt water and precipitation.

The Appellant opposed the extension, raising concerns about potential environmental impacts and questioning the Permit Holder's claims of irreparable harm.

Applying the RJR-MacDonald test and section 102(3) of the Ontario Water Resources Act, the Tribunal found that the Permit Holder would suffer irreparable harm if unable to access the quarry floor, and that a short-term extension would not pose a serious risk of environmental impairment.

The Tribunal partially granted the motion, extending the stay lift for an additional 10 days to allow the removal of up to 23 million litres of water, subject to strict monitoring and contingency conditions.